Civil Rights Claim Against Prison Guards Reinstated

Gruenwald v. Maddox, 2008 WL 1766890 (4/17/08) (unpub'd) - The 10th reverses dismissal of a civil rights complaint. The prisoner sufficiently alleged an 8th Amendment claim where prison guards beat him while he was handcuffed, despite his lack of resistance to their attempts to move him to a different part of the prison. His black eyes, swelling, bruises, cuts, severe redness were not de minimis injuries. The officers' responsibility to maintain order and discipline "does not come with the attendant right to use prisoners as personal punching bags." The 10th affirmed dismissal of a claim against a supervisor who was not alleged to have witnessed the beating.